Person dies in police custody or jail Authority–
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Person dies in police custody or jail Authority–
The High Court Division also directed to add a new section after section 44
of the Police Act. It observed that if a person dies in police custody or
jail the police officer who has arrested the person or the police officer
who has taken him in custody for the purpose of interrogation or the jail
authority in which jail the death took place shall explain the reasons for
death and shall prove the relevant facts to substantiate their explanation.
Accordingly, it observed that in case of such incidents there is no
provision for maintaining any diary for recording reason for arrest of any
person without any warrant and other necessary particulars. As observed
above, the government has promulgated a law covering the field namely
নির্যাতন এবং হেফাজতে মৃত্যু
(নিবারণ) আইন, ২০১৩. In the preamble it is stated
that as the Bangladesh is a signatory of the New York’s Declaration on
10th December, 1984 towards cruel, inhuman, disgraceful behaviour; and as
Bangladesh is a partner in the Treatise signed on 5th October, 1998; as in
article 35(5) of the constitution prohibits torture and cruel, inhuman,
degrading treatment and punishment; and as in articles 2(1) and 3 of the
United Nations charter demanded to promulgate a law by the countries which
signed the charter treating the torture, cruel, inhuman and degrading
treatment of a citizen is an offence; and therefore, in order to implement
the charter the law has been promulgated. This piece of legislation covers
all the above inhuman acts. In presence of specific legislation, we find it
not necessary to add any provision in other laws in this regard.
.....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, (Civil), 2017
(2)– [3 LM (AD) 274]
....View Full Judgment
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Ministry of Law, Justice & Parl. Afrs. =VS= BLAST |
3 LM (AD) 274 |